A/HRC/10/8/Add.2
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6. Religious rights of persons deprived of their liberty
52. Although the Government of Israel confirmed that all detainees must be given the
opportunity, to the extent practicable, to observe the commandments of their religion
(see CCPR/C/81/Add.13, para. 331), the Special Rapporteur has received reports that the
religious rights of detainees are not fully respected. While there are places for prayer for Jewish
detainees and rabbis have been appointed for detention facilities, there are no or few religious
representatives for Muslim and Christian detainees. The Special Rapporteur would like to
reiterate rule 41 of the Standard Minimum Rules for the Treatment of Prisoners (see A/60/399,
para. 81) which provides that a qualified representative of a religion should be appointed or
approved if the institution contains a sufficient number of prisoners of the same religion and that
the arrangement should be on a full-time basis if the number of prisoners justifies it and
conditions permit.
53. Furthermore, Muslim detainees do not necessarily have access to books of religious
observance and instruction of their denomination. Reportedly, collective prayers for Muslims are
allowed in detention centres only on some Fridays. With regard to Christian detainees, the
Special Rapporteur was informed that members of the prison pastoral team of the Latin
Patriarchate of Jerusalem have been visiting foreign detainees in different Israeli prisons for
several years and were allowed to celebrate the religious feasts of Christmas and Easter together.
While detainees are in principle allowed to receive a special diet on religious grounds, there are
reportedly problems also for some Jewish prisoners with regard to the type of kosher meals or
threats of harassments based on their religious beliefs.
54. During her mission, the Special Rapporteur visited Hasharon prison on 23 January 2008.
While she was given the authorization to speak with detainees, she regrets to report that she
could not have “confidential and unsupervised contact with witnesses and other private persons,
including persons deprived of their liberty”, as stipulated in the terms of reference for factfinding missions by Special Rapporteurs (see E/CN.4/1998/45, appendix V). Since some of her
female interlocutors were visibly frightened to speak openly and as the accompanying prison
personnel would not let the Special Rapporteur and her security officer talk alone to the
detainees, she ultimately decided to cut her visit to Hasharon prison short. The Special
Rapporteur suggested to the Government of Israel that a visit of independent non-governmental
organizations to the women’s section of Hasharon prison should be organised as a follow-up.
7.
Advocacy of religious hatred that constitutes incitement
to discrimination, hostility or violence
55. The Special Rapporteur was informed about tendencies in Israel and the Occupied
Palestinian Territory towards increased radicalization and serious examples for advocacy of
religious hatred that constitutes incitement to discrimination, hostility or violence.
56. In its Third Periodic Report concerning the implementation of the International Covenant
on Civil and Political Rights, the Government of Israel provided several examples of recent
indictments and judgments concerning cases of incitement to racism against the Arab population
or hate crimes (see CCPR/C/ISR/3, paras. 337-339). However, the Special Rapporteur also
received reports about incidents where advocacy of religious hatred or acts of violence by Jewish
settlers against Muslims have not been adequately investigated.